NCJ Number
153580
Journal
American Jails Volume: 8 Issue: 6 Dated: (January/February 1995) Pages: 55-57
Date Published
1995
Length
3 pages
Annotation
This article examines the implications of interim final regulations of the American of Disabilities Act (ADA) for courthouses, jails, and prisons.
Abstract
The ADA requires a minimum level of accessibility in alteration and new construction for jails, prisons, and courthouses. Some administrators may question the practicality of making cells accessible as part of an alteration at a facility not intended to house inmates with disabilities; however, the ADA recognizes alterations as opportunities for providing access and takes advantage of the opportunity to the greatest potential, even if the altered element may not be made fully accessible to or useable by persons with disabilities. The implications for full compliance with ADA is made by the lack of any additional exemptions. This suggests that all other areas, especially common-use areas, paths of travel, staff areas, public areas, and program areas must comply fully with the law and all of the ADA rules. The interim final rules require State and local government entities that make any alterations to existing facilities to comply with the ADA to the maximum extent feasible. If structural limitations or compliance would drastically alter the function of a program, service, or activity, then the entity is to do the best it can. If there are areas that do not comply completely with the ADA, then the entity should document the ADA sections with which it cannot comply and the reasons for noncompliance. This documentation should be maintained and used in the event of litigation.